Annual Reports of Sections and Divisions of The Florida Bar
Administrative Law
The Administrative Law Section had another busy and productive year. For the 2015-16 term, the Administrative Law Section’s primary focus was to increase interest and, ultimately membership, in the section by targeting two specific groups: law students and young lawyers. The section’s Law School Liaison Committee, chaired by Judge Lynne Quimby-Pennock, reached out to all Florida law schools, telling them about the section and asking if the law school would be interested in having five or six practicing administrative lawyers come to the school and talk to the students about the practice of administrative law. In response to the letters, the Law School Liaison Committee was able to participate in five “networking noshes” in the spring of 2016 at the law schools for Cooley, Florida International University, the University of Florida, Florida State University, and St. Thomas University.
The section’s Young Lawyers Committee, chaired by Christina Shideler, has continued organizing tables for eight on a bimonthly basis in Tallahassee. These events bring together five young lawyers (five years’ experience or less) with an administrative law judge (ALJ), government attorney, and private practitioner (each with at least 10 years’ experience) in an informal setting to discuss issues related to the practice of administrative law, and law in general. The committee is looking to expand these events to other cities in Florida as well. In addition, the committee also held a social in September at the Liberty Bar in Tallahassee. Lastly, the committee helped to create a social media presence for the section by creating and maintaining a Facebook page.
Additionally, the executive council created an ad hoc committee to compile study materials for the State and Federal Government and Administrative Practice (SFGAP) board certification exam. The section decided to create this committee since it no longer offers a yearly certification review course. The members of the committee, Michael Glazer, Susan Clark, and Judge John G. VanLaningham who are all SFGAP board certified, have been working diligently on a study guide that will be made available to those who sign up for the SFGAP certification exam in the future. The ultimate goal of this project will be to encourage more members to become SFGAP board certified by giving them the resources they will need to prepare for the exam.
The section’s CLE Committee, chaired by Bruce Lamb, organized a CLE on practicing before DOAH that was held in October. It was well-attended and featured presentations by several ALJs as well as well-respected administrative law practitioners. The section’s CLE committee also helped to organize the Advanced Topics in Administrative, Environmental and Government Law CLE in conjunction with the Environmental and Land Use Law Section and the Government Lawyer Section that was held in Tallahassee on April 15 and covered topics pertinent to the members of all three sections.
The section’s Publications Committee, co-chaired by Jowanna Oates and Judge Elizabeth McArthur, continued to produce one outstanding issue after another of the section’s quarterly newsletter. We consider the newsletter to be one of the best member benefits of the section, and the committee makes sure that each issue is full of valuable information, including notes on interesting appellate and administrative cases. The committee has also submitted several articles to The Florida Bar Journal for publication and has some more in the pipeline for the coming year thanks to the efforts of Stephen Emmanuel, the section’s Journal editor.
Lastly, several members of the section’s executive council participated in a first annual day of service this past October by helping the Second Harvest of the Big Bend stuff over 500 bags of food to hand out to elementary school children in Leon County and the surrounding area. The Second Harvest of the Big Bend provides nearly 800 children with such bags every week during the school year. The section hopes that this will become a yearly event that all members of the section can participate by volunteering with nonprofit organizations in their area.
I thank our section administrator, Calbrail Bennett, for all her hard work on behalf of the section this past year, and all the members of the executive council, the section’s committees, and our section liaisons for their contributions as well. If you would like more information on the Administrative Law Section, please visit our website at www.flaadminlaw.org.
Richard J. Shoop, Chair
Alternative Dispute Resolution
The Alternative Dispute Resolution (ADR) Section had a busy year, with several major projects completed and the addition of new programs and continued opportunities for growth.
In September 2015, a comment was filed with the Florida Supreme Court by the executive council of the ADR Section in response to a petition submitted by the ADR Rules and Policy Committee of the Florida Supreme Court for a complete revision to the certification and disciplinary section of the Rules for Certified and Court-Appointed Mediators. The comment objects in part and seeks clarification of the proposal. The proposed new rule can be found on the Florida Supreme Court website at Case No. SC15-875. On March 8, the section chair participated in oral argument before the Supreme Court when concerns were discussed regarding the proposed revisions. The oral argument can be viewed on the Supreme Court website.
The executive council also filed a comment to another petition for a rule change regarding “other ADR processes” in Case No. SC14-1852. The chair participated in oral argument before the court on June 3, 2015. In accord with comments from other sections, the ADR Section suggested that the court deny the petition. In October 2015, the court issued an order in which it declined to adopt the proposed rule.
The section has sponsored three seminars in the past year, and another is scheduled for June 9 that deals with appellate mediation. In addition, the section will conduct a half-day seminar at The Florida Bar Annual Convention on June 16. Meah Tell, Michael Lax, Jesse Diner, Adele Stone, Alan Bookman, Michelle Jernigan, and Bob Hoyle are participants in the presentation.
Finally, several members of the section will be making presentations in August at the Professional Mediation Institute program as part of the Workers’ Compensation Institute Conference.
The section newsletter continues to expand the scope of the information it provides to members under the capable management of our newsletter editor, Michelle Jernigan. Our website, www.fladr.org, is also expanding to meet the needs members.
The Alternative Dispute Resolution Section is part of The Florida Bar. The section is independent and not directly associated with the Florida Dispute Resolution Center, which is under the auspices of the Florida Supreme Court. As such, the section is devoted solely to the interests of attorneys as advocates and as mediators, arbitrators, and other dispute resolution professionals. The executive council encourages the continued participation of its members. If you have suggestions for seminar topics or articles, or if you want to be involved in a seminar presentation, on behalf of the section, or submit an article for publication, please contact Gabrielle Tollok at [email protected].
Our section is in its sixth year and has made great strides in the Florida alternative dispute resolution arena. With 1,000 members, the resources for continued growth and influence are substantial. Please consider contributing your time and talents to the ADR Section and help the section achieve one of its fundamental goals — the improvement of all forms of dispute resolution in Florida for the benefit of lawyers and all participants in the litigation process. For additional information on how to join the Alternative Dispute Resolution Section, visit our website or contact Gabrielle Tollok at [email protected].
D. Robert Hoyle, Chair
Appellate Practice
The Appellate Practice Section had a memorable year in which it continued to serve our members, while taking on new challenges and opportunities. The section was once again invited to participate in the Florida Conference of District Court of Appeal Judges Annual Education Program held in Ponte Vedra Beach, and section members worked closely with many of the judges on the educational programs. The conference was a valuable experience for those who attended, and the section looks forward to working with the conference in the future.
Section members are acutely aware of the funding crisis faced by The Florida Bar Foundation as it seeks to ensure access to justice in Florida. After carefully considering the situation over the course of several meetings, the executive council unanimously voted to make a $50,000 contribution to the Foundation. It is a testament to the section’s past leadership that we were in a financial position to make such contribution, and a section committee was formed and continues to work on issues surrounding the section’s reserves and how to manage them appropriately.
As the legislative session approached, section members took great interest in proposed legislation that would impact appellate practice in the state if passed by the legislature. Proposals in both the Florida House and Senate sought to place the issue of term limits for appellate judges and Supreme Court justices on the ballot this fall. The executive council determined it was appropriate for the section to take a position on the issue, and it voted unanimously to oppose term limits for judges at any level of the Florida court system. The Florida Bar likewise took that position, and I had the opportunity to address the issue before the House Civil Justice Subcommittee and Judiciary Committee. Although the legislation passed the House, it was never considered by the Senate.
Our committees continue to do outstanding work for the section and its members. The CLE Committee, led by Chair Jessie Harrell, hosted day-long courses of Practicing Before the First District Court of Appeal and Advanced Certification Review. The CLE Committee also hosted a two-and-a-half day Advanced Appellate Workshop at Nova Southeastern University, organized largely by Judge May of the Fourth District Court of Appeal. At the last Florida Bar convention, the committee put on a two-hour presentation with a panel of judges from each of the district courts of appeal that addressed the differences between the courts. Finally, the CLE Committee once again hosted 10 one-hour lunchtime telephonic CLEs on a wide range of appellate topics.
Tom Ward led the Outreach Committee, which devoted considerable time to contacting other sections and local bar organizations in an attempt to find opportunities to work with them on providing speakers for their meetings and events. Kimberly Jones once again chaired the Publications Committee, which oversaw materials published in various forums, including The Florida Bar Journal (Brandon Christian, editor); The Record (June Hoffman, editor); The Guide (Rebecca Creed, editor); and the Pro Se Appellate Handbook (Bretton Albrecht, editor). Carrie Ann Wozniak led the section’s pro bono committee and did excellent work in finding section members to address various pro bono needs. Nick Shannin served as the section’s representative on the Council of Sections while also heading up our Public Policy/Legislation Committee. Kimberly Kanoff Berman chaired the Programs Committee, which, among other things, hosts the dessert reception at The Florida Bar Annual Convention each June. Jonathan Streisfeld continued to do excellent work in keeping the section’s website up to speed.
Assisting with all of these efforts were the section’s officers. Chair-elect Duane Daiker, Vice Chair Kristin Norse, Secretary-Treasurer Sarah Lahlou-Amine, and immediate past Chair Ceci Berman were tireless in their efforts to assist the section, as was Bar Liaison JoAnn Shearer. Finally, several officers, as well as Nick Shannin, Wendy Loquasto, and past Chair Tom Hall, served on a committee to put together a section retreat to be held September 16-18. Please check the Appellate Practice Section’s website for more details.
Christopher V. Carlyle, Chair
Business Law
The Florida Bar Business Law Section had another exceptional year. Our section prides itself on the quality of its projects (both legislative and substantive), our CLE programs, and our committee work. With more than 5,000 members, the Business Law Section is a very large tent. Included within our section are attorneys practicing in such diverse areas of business law as bankruptcy, corporations, partnerships, securities law, intellectual property, and computer law, involving both business transactions and disputes.
While the work of our section is uniformly exceptional, certain efforts are worthy of special mention in this annual report:
• Legislative Efforts —The section has a long and distinguished history of serving as an “honest broker” in Tallahassee with respect to the development of legislation of interest to Florida’s business community. This year was no exception. In the 2016 legislative session, the section was instrumental in securing passage of 1) revised Uniform Commercial Code Article 4A; 2) amendments to F.S. Ch. 501, relating to bad-faith assertions of patent infringement; and 3) significant amendments to F.S. §56.29, relating to proceedings supplementary. The revisions to Florida’s laws governing proceedings supplementary were the culmination of three years of effort by a multidisciplinary task force within the Business Law Section. The new law goes into effect on July 1 and provides significant modernization, uniformity, and clarity with respect to the use of proceedings supplementary. The section expresses deep appreciation to its legislative chair, Michael Chesal, sponsors in both the Florida House and Senate, and our tremendously talented legislative consultants, Aimee Diaz-Lyon and Greg Black.
• Pro Bono —The section has been a strong supporter of pro bono efforts for many years. This year we were privileged to make a donation of $50,000 to The Florida Bar Foundation. In addition, the section’s immediate past chair, Judge William Van Nortwick (retired), was recognized as the 2015 Medal of Honor recipient by The Florida Bar Foundation for his decades of leadership in promoting pro bono and legal services in Florida, leading the One Campaign to promote pro bono services, and serving as a role model for other judges and lawyers, inspiring greater volunteer participation through his example. The section’s Pro Bono Committee expanded its pro bono clinic for nonprofits to a total of six different cities around the state and developed a Best Practices Guide for a Firm Pro Bono Policy. The Best Practices Guide encourages law firms to establish a written pro bono policy and is a helpful tool for law firms to develop such a policy.
• Inclusion, Mentoring, and Fellowship —The section’s Inclusion, Mentoring, and Fellowship (IMF) Committee leads our section’s programming in these key areas. This year, the IMF Committee continued to coordinate the section’s sponsorship and participation in diversity picnics and outreach efforts. It also continued our section fellowship program, which provides financial support to younger attorneys interested in becoming more involved in the section. Finally, the committee collaborated with the section’s Membership Committee to launch a new BLS Scholars program for law school students with a demonstrated interest in business law. The BLS Scholars program provides financial stipends to the scholars to support their attendance at section meetings and events.
• CLE Programs —The section continued its proud history of offering signature CLE programs, including the View from the Bench program for bankruptcy practitioners, the Annual IP Symposium (now in its seventh year), and many others.
In addition, the section has submitted proposed amended and restated bylaws to The Florida Bar, modernizing and updating the section’s bylaws for the first time in 20 years. Simultaneously, the section is pursuing the development and adoption of policies and procedures that will provide guidance to the section’s committees and avoid a loss of institutional memory from year to year.
These are just a few of the highlights of the Business Law Section’s work this past year. We know that our networking, service opportunities, and CLE benefits are unparalleled for Florida business lawyers. We invite you to become an engaged member of the Business Law Section.
G. Alan Howard, Chair
City, County and Local Government Law
• Membership — The City, County Local Government Law Section has approximately 1,700 members. It provides networking and educational opportunities for lawyers who practice in the area of local government law, whether as counsel to a city, county, or other local governmental entity or as counsel to clients appearing before local governmental bodies. Membership is approximately evenly split between the public and private sectors.
• Electronic Media — The section maintains a website, a Listserv, a Facebook page, and a Desk Book. Plans are in the works for an introductory webinar/infomercial about the section and what we do. The Desk Book is a compilation of often-cited materials arranged by chapter. The original book was maintained by Judge James R. Wolf. Now volunteers serve as contributors for each chapter. Access is available to members through the webpage.
• CLE Seminars — The section sponsors the Sunshine Law and Public Records Seminar, the Public Employment Labor Relations Forum, co-sponsored with the Labor and Employment Law Section, the Land Use Seminar, the annual City County and Local Government Law Seminar, the Public Finance Seminar, and a certification review course. Kudos and thank yous go to Rob Teitler, Glenn Thomas, Michele Lieberman, Nancy Stuparich, Jeannine Williams, Sandy MacLennan, and Herb Thiele.
• Outreach and Internships — The section provides grants for local government law offices to hire interns. Twelve $500 scholarships are awarded to a law student in each of Florida’s law schools. The section sponsors two mentoring picnics: one in Hialeah (the Kozyak Minority Mentoring Picnic), and the second in Orlando (the Greater Orlando Diversity Mentoring Picnic). Kudos and thanks to Jeannine Williams and Nancy Stuparich.
• Publications — The section produces the Agenda newsletter, sponsors the Stetson Law Review, and contributes articles to the Bar Journal. Kudos and thanks to Craig Leen, Yaneris Figueroa, Amanda Coffey, and David Miller.
• Ethics and Professionalism — Each spring, the section distributes a draft resolution regarding civility to local governing bodies. The resolution asks local governments to recognize the importance of civility. Local governments are given a proclamation they can read that stresses and reminds all of the importance of civility.
• The Rules Regulating The Florida Bar Rule 4-4.2 —The section, along with the Government Lawyers Section and the Florida Association of County Attorneys, continued its efforts for a resolution to the issues associated with Rule 4-4.2. Rule 4-4.2, the No-Contact Rule, pertains to communications with persons other than clients. In sum, the rule as determined by a referee judge in the disciplinary case, The Florida Bar v. Andrew Mitchell Tobin, permits communications with government clients without notice to the lawyer representing the government. The section attempted at least five revisions to alter the application of the rule so it would apply equally for government litigants. Kudos and thanks to Marion Radson, Patrick McCormick, and the employees, members, and leaders of The Florida Bar.
• Leadership —The section has benefited by outstanding leadership of past chairs and the many hours volunteers have donated to the executive council. This year, Jeannine Williams takes the helm as the section’s new chair. Ricky Libbert, the section administrator, continues her instrumental leadership keeping the whole ship afloat. Without Ricky, the section would be a ship with no compass.
Mark Moriarty, Chair
Criminal Law
Members of the Criminal Law Section (CLS) executive council and its committees were very busy this year pursuing our goals. The executive council responded quickly to questions from The Florida Bar Board of Governors and the Florida Legislature with regards to changes in death penalty legislation and the Florida Evidence Code (Frye/Daubert). Led by ad hoc committee Chair Jeff Harris, the CLS examined the criminal certification examination in response to reports of low passage rates and agreed to monitor the situation for another year. Additionally, the CLS, under the leadership of Richard Polin, reviewed proposed amendments to the criminal law certification standards at the request of the Criminal Law Certification Committee and provided comments to that committee.
Thanks to the efforts of the Membership Committee, chaired by Larry Turner, and other members of the executive council, CLS membership has increased for the first time in 10 years, resulting in nearly 200 new members. In addition to successfully recruiting new members, the Membership Committee has been actively exploring methods to retain members by increasing member benefits and creating membership outreach opportunities. Toward this goal, the CLS, spearheaded by Jason Blank, successfully participated in the Kozyak Minority Mentoring Picnic in Miami-Dade County to reach out to law students interested in the area of criminal law. The Membership Committee is also actively working with the Young Lawyers Division to create new opportunities for members of both sections.
The Communication Committee, chaired by Richard Polin, and the Website/Social Media Committee, chaired by Jason Blank, have been working together to expand communication with CLS members and others. Toward the goal of keeping in touch with the over 2,500 members of the section, the CLS is providing weekly criminal law updates that have been posted on the CLS website. Eugene F. Zenobi of the Office of Regional Counsel also contributed to the CLS by providing a Jury Selection Manual and an outline on the evidentiary code and Crawford v. Washington. The CLS currently maintains a website as well as a Facebook page to keep members informed of recent developments in the law and other matters affecting the criminal justice community.
The CLE Committee, co-chaired by Judge Jeff Levenson and Susan Hugentugler, presented numerous CLE seminars, including the Criminal Law Update 2016, chaired by Judge Richard Hersch; Advanced Federal Practice 2016, chaired by Ken Swartz; Masters of DUI 2016, chaired by Carlos Canet; and Hot Topics in Evidence 2016, co-sponsored with the Code and Rules of Evidence Committee and the Trial Lawyers Section. The committee is also planning a series of webinars in the upcoming year.
Once again, the CLS sponsored the Gerald T. Bennett Prosecutor/Public Defender Training Program under the direction of Paul Zacks and Jennifer Zedalis. The P/PD program is unique in that it is one of the few programs nationally that brings prosecutors and public defenders together for training in litigation skills and trial advocacy. Since its inception in 1979, the program has trained over 2,000 government attorneys. This year, 77 government attorneys graduated from the program. The CLS also renewed its long-standing commitment to the University of Florida Foundation by agreeing to contribute $25,000 annually for the next five years to be used by the university to support the P/PD program.
Supporting access to the judicial system for all Floridians is a goal of the CLS. To aid in this goal, the CLS contributed $25,000 to The Florida Bar Foundation to fund grants to legal aid organizations that assist low-income Floridians in all 67 counties in noncriminal matters.
The most prestigious award given by the CLS is the Selig I. Goldin Award. At the 2015 annual convention of The Florida Bar, the CLS recognized Judge Charles D. Edelstein and his career of over 50 years in the Florida courts that touched and improved nearly every facet of the state’s criminal justice system.
The CLS will finish the year by presenting the presidential showcase CLE at the annual convention in June 2016 titled, The 50 Years of Miranda. This program would not be possible without leadership and insight of Program Director George Tragos.
As I finish this year as chair of the Criminal Law Section, I gratefully acknowledge and thank all 32 elected members of the executive council, all section members serving on committees, and all persons who have contributed to the successes of the CLS this year. I am particularly appreciative of the extraordinary efforts of Larry Turner and the Membership Committee, Jason Blank, Richard Polin, and George Tragos. Special thanks to the officers of the executive council, David Bill Rothman (immediate past chair), Joel Silvershein (chair-elect), Marty McDonnell (secretary), and O. David Barksdale (treasurer), and CLS Bar Liaison Michelle Suskauer for their willingness to serve and their insight on all matters affecting the CLS. This year would not have been possible without Florida Bar Program Administer Chase Early who took far too many early morning phone calls from me this year, and Susan Hugentugler and Joel Silvershein who took far too many calls after hours to give me personal and professional guidance.
Judge Angélica D. Zayas, Chair
Elder Law
The Elder Law Section continues to serve the attorneys who protect our senior citizens and those with special needs. Our section now has 98 board certified members in elder law. Maybe next year we will be able to reach that magic number of 100.
Our section is fortunate to have so many hard working members, many serving on more than one committee. The Exploitation and Abuse Committee this year was chaired by Erika Dine and Amy Collins; they are busy planning the next Exploitation CLE, which we are pleased is always well attended by law enforcement from around the state.
The Probate and Estate Planning Committee was headed up by Horacio Sosa and Mike Jorgensen. They had a busy year reviewing legislation, but probably not as busy as the Guardianship Committee. Victoria Heuler and Carolyn Landon did a superb job as co-chairs, responding to numerous legislative bills this past session. Congratulations are also in order to Carolyn Landon who will join the Elder Law Section executive committee as secretary this coming year.
This past legislative session was extremely busy for the Elder Law Section as legislators reached out to the section for our input on pending legislation aiming to protect our elderly residents here in Florida. Scott Selis and William Johnson did another superb job again this year as co-chairs. Working with the Academy of Elder Law Attorneys and their lobbyist Brian Jogerst, Scott, and Bill managed to keep all of the amendments straight and allowed the section to have even more influence than we have had in past years.
Steve Hitchcock and Debra Slater were the committee co-chairs for the Ethics Committee. Last year the Ethics Committee was responsible for adopting standards of conduct for elder law attorneys and procedures for removal of members. I am pleased to report that we have not yet had to discipline any of our members. Overseeing that “first” was not something I was looking forward to as chair.
Travis Finchum, who chairs our Special Needs Trust Committee, will be co-chairing a Special Needs Trust CLE this year with David Lillesand at The Florida Bar’s annual convention. The CLE will be held on Friday, June 17 and promises to be rich in materials and information.
Stephanie Villavicencio has been the editor of our quarterly newsletter for a number of years and has done a great job of putting out a quality piece of publishing. Stephanie has decided to turn the reins of the Advocate over to Kristina Tilson this year. Although Stephanie will be missed as editor, we welcome her as our new Mentoring Committee chair. Stephanie will be replacing Beth Waddell who has done a fabulous job as Mentoring Committee Chair. I’m sure that the mentoring conference calls will continue this next year. Our thanks and best wishes go out to Beth.
This past October, the section held its annual retreat in New Orleans. Although the turnout was small, we made up for it in practical practice tips and substantive discussions. We also had a lot of fun. Ellen Morris our incoming chair has already planned our 2016 retreat on Amelia Island. Hopefully staying within the state (just barely) will increase the attendance of our members and their families.
Jason Waddell was amazing again this year in finding sponsors for our Annual Update and Fundamentals of Elder Law Seminar that the section holds each January in Orlando. Ellen Morris was the chair of the steering committee for the event and with the help of Collett Small pulled off another outstanding event. Each year the speakers and materials get better and the attendance increases, I’m looking forward to next year already.
The section also took a look at what the section was, and where we are going in the future. To accomplish this task we gathered 12 members of the section who are either currently in the leadership track or have been section leaders in the past. The members of the Strategic Planning Committee were Ellen Morris, Jason Waddell, Collett Small, Randy Bryan, Sam Boone, Carolyn Landon, William Johnson, Kara Evans, Jill Ginsburg, Jana McConnaughhay, Jack Rosenkranz and me. The discussion was led by professional facilitator Karl Sprague. Karl helped guide the discussion and assisted us in identifying what the section’s short-term and long-term goals will be. The meeting could not have happened without the gracious generosity of Randy Bryan who donated the use of his law office for two days so we could hold the meetings in his conference room.
I am thankful for the opportunity to serve as chair for this past year. It has been a very rewarding experience, but I am ready to pass the gavel over to our incoming chair, Ellen Morris. The Elder Law Section will continue to improve its service to both the members of the section and to the seniors of Florida.
David Hook, Chair
Entertainment, Arts and Sports Law
The Entertainment, Arts and Sports Law Section (EASL) worked on sharing expertise and engaging members this year. The EASL year started off on a magical note, with the annual retreat, which was held over Memorial Day weekend at the Bohemian Hotel in Celebration. The retreat featured the CLE program, The Magical World of Entertainment Law: Wizarding Tips and Tricks for Practitioners. This program featured several panels about different entertainment law issues. Chair Chrissie Scelsi and Sharra Brockman presented the first panel: Here There Be Dragons: Ps and Qs of Marketing an Entertainment and IP Practice Online. Allison Imber presented the next program, The Care and Feeding of Disparaging and Scandalous Trademarks. The next panel, Mind Your Spells and Brooms: Best Practices for Avoiding On-Set Shenanigans in Film and Television, featured Animal Law Committee Vice Chair Jennifer Dietz, Sarasota County Film and Entertainment Office Director Jeanne Corcoran, U.S. Safety Alliance Facilitator Ryan Murray, and was moderated by executive council member Carolyn Herman. Executive council member Stephen Carlisle presented: Expelliarmus! How Hollywood Makes the Profits Disappear. Finally, the program wrapped up with the panel, Technology and E-Discovery Issues in Entertainment Law: The Sony Pictures Hack and Beyond, which included Daniel Whitehouse, Serge Jorgensen, and executive council member Porpoise Evans. The section recorded several of these programs so they could be made available for online sales.
A primary area of focus this year was to find ways to better engage our members. As such, the executive council worked with the Bar to develop and publish a survey to the members. This survey yielded a treasure trove of information, and we are currently reviewing the results and looking at ways to enact the suggestions from our members.
In addition, the executive council worked to update the section’s bylaws. Special thanks go to our Bylaws Committee, Julee Milham, Cassi Willard, and Marc Stollman, for their efforts.
• CLE — In November, the 27th annual North American Sports, Entertainment, and IP Law Summit was held at the Ritz-Carlton in Cancun, Mexico. The summit featured a number of EASL members as speakers and moderators.
The section also continued its webcast series this year. The series included a program in January, Revenge Post Litigation: Claims, Strategies, Remedies, and Ethical Considerations, presented by executive council member John Bradley and moderated by Chair-Elect Charlotte Towne. It also included a program put on in February, Visa Options for Athletes, Artists, and Entertainers, which was presented by Audrey Glover-Dichter and moderated by Charlotte Towne.
In January, EASL presented an ethics panel at The Florida Bar winter meeting: Don’t Get Cut by the Cutting Edge: Navigating Legal Ethics in Entertainment and Sports Law. The first panel discussed ethics in the transactional entertainment practice and featured Chair Chrissie Scelsi and executive council member Davey Jay. The second panel featured a discussion of tax issues faced by entertainment clients presented by Larry Haber, as well as a discussion of ethics in sports law presented by executive council member Alan Fertel.
The ABA’s Forum on the Entertainment and Sports Industries’ seventh annual International Legal Symposium on the World of Music, Film, Television and Sports was hosted in April in Miami. The symposium featured a number of EASL members speaking on a range of topics.
EASL continued its commitment to outreach this year, and once again, the section attended the Minority Mentoring Picnic in South Florida. Thank you to our members who volunteered at the picnic: executive council members Porpoise Evans, Alan Fertel, Kim Kolback, Chair-Elect Charlotte Towne, and Past-Chair Joe Fleming. EASL also expanded its efforts by sponsoring the Central Florida Diversity Mentoring Picnic. Special thanks to Mark Ingram for his efforts representing EASL at the Central Florida Diversity Mentoring Picnic, along with executive council member Davey Jay.
EASL finishes out its 2015-16 year with the upcoming annual retreat, to be held June 17-19 at the Streamsong Resort in Ft. Meade. The retreat will present members with the opportunity to network, as well as attend top notch CLE.
I thank everyone within EASL for their contributions over the past year, whether it has been by participating in the excellent discussions on the EASL Listserv, speaking at or attending our programs, or otherwise sharing expertise with our membership. Thank you to my officers this year: Chair-Elect Charlotte Towne, Secretary Marc Stollman, and Treasurer Tom Dobbins. Thank you also to Board of Governors Liaison Renée Thompson. I also extend my thanks to my executive council and committee chairs for their continued commitment to the section. Thank you to our section administrator, Angie Froelich, for her help this year. Thank you also to our sponsors who helped support the section this year. Please contact Angela Froelich, [email protected], if you are interested in EASL membership and projects.
Chrissie Scelsi, Chair
Environmental and Land Use Law
This year, the Environmental and Land Use Law Section (ELULS) introduced its newest CLE program: New, Different, Unusual and Uncertain — Environmental and Land Use Law Issues Facing all Floridians. This was a two-day event held in Orlando, January 28-29. The first day was dedicated to environmental topics, with panels on the Waters of the U.S. Rule and related litigation, endangered species, the status of water and land conservation following the passage of Amendment 1 in 2014, the cleanup of environmental contamination and redevelopment, and a fascinating presentation on the ethical implications of sea level rise and climate change. The second day was dedicated to land use topics, including free speech and sign ordinances, golf course redevelopment, the regulation and use of drones, recent trends in community development districts, the regulation of charitable solicitation bins, and an update on the Bert Harris Act. The speakers and presentations were well received, and I encourage you to listen to the recorded programs on demand at the http://eluls.org/cle-seminars.
Providing quality CLE in a format that is convenient and effective for our members is a core focus of the ELULS. Due to economic pressures over recent years, we’ve had to take a hard look at our traditional CLE programming and activities to identify those that are no longer responsive to member needs. Additionally, we have tried to be creative in maximizing the benefit from those programs and activities that are popular and successful. For example, the ELULS is fortunate to have a strong relationship with various environmental and land development consultants who comprise a large percentage of our affiliate membership. In recent years, the section has coordinated regular social events with our affiliate members at which lawyers, consultants, agency staff, and law school students have the opportunity to meet and network in an informal setting. These events have proven very popular, and the section is evaluating ways to combine these mixers with a convenient and engaging CLE component. Our membership demands online access to CLE, and we do our best to provide CLE programming in popular formats. As a section, however, we encourage our members to leave the office and attend in-person events. We hope that by providing informative and accessible CLE coupled with a social opportunity to network, we will foster a dynamic and lively interaction that our members will find productive and enjoyable.
Recognizing the ongoing demand for more bite-sized and frequent CLE programs, the section offers an audio webinar series throughout the year. The series this year included the following topics: What You Need to Know About the New EPA Rule Defining Waters of the United States; Implications for Sign Regulation after Reed v. Town of Gilbert; Taking Stock of the Clean Power Plan; Annual Legislative Update; Taking the Fear (and Roadblocks) Out of Redevelopment in Florida; and Professionalism Among Attorneys in Local and State Administrative Cases. In addition, the ELULS offers free web-based programming as a benefit of membership. These programs and the audio webcast series are available at http://eluls.org/cle-seminars.
The section Treatise on Environmental and Land Use Law, which can be found at http://eluls.org/elul_treatise, remains a popular member benefit. The treatise contains articles on a multitude of environmental and land use law topics, and has proven to be an important professional resource valued by members. The ELULS also publishes its quarterly newsletter, The ELULS Section Reporter, which contains substantive articles, caselaw updates, administrative law updates, governmental agency updates, and law school updates. The Reporter is available on our website at http://eluls.org/reporter/ and is fully searchable.
The ELULS is committed to supporting law student and law school engagement in environmental and land use law, through the work of the Law Schools Liaison Committee. This committee administers our law school grant program and the Dean Frank E. Maloney Memorial Writing Contest. Following the section annual meeting, the awards for the 2015-2016 Maloney Writing Contest were presented. First place went to Amy Judkins, a student at Florida A&M University College of Law, for her paper, “Taking it to the Bank: Creating a New Constitutional Standard and Using Blue Carbon Banking to Compensate the Miccosukee Tribe for the Federal ‘Taking’ of Their Tribal Lands.” Second place was awarded to Felicia Thomas, also a student at Florida A&M University College of Law, who wrote “Of Life and Limb: The Failure of Florida’s Water Quality Criteria to Test for Vibrio Vulnificus in Coastal Waters and the Need for Enhanced Criteria, Regulation, and Notification to Protect Public Health.”
Several other section awards were presented following the section annual meeting. Notably, the Bill Sadowski Memorial Public Service Award was given to Sid Ansbacher with Upchurch, Bailey and Upchurch, and the Public Interest Attorney of the Year Award went to Aliki Moncrief with Florida Conservation Voters and formerly with Florida’s Water and Land Legacy. Additionally, the Judy Florence Memorial Outstanding Service Award went to Jon Harris Maurer with Hopping Green & Sams, and the R. S. Murali Memorial Affiliate Member Outstanding Service Award went to Neil Hancock with Golder Associates.
The section continues to evaluate its traditional activities and member services to determine whether they still provide a benefit and value to section members. As our membership and their expectations change, we as a section need to change in order to match those expectations. For this, we need our volunteer members who put in time and energy to deliver the member services outlined here. Without these volunteers, the section would not exist, and I personally thank the section officers, executive council, and others who generously volunteer their time to the ELULS.
Carl Eldred, Chair
Family Law
As I write this article, reflecting upon what the Family Law Section accomplished during the 2015-2016 Bar cycle, I am pleased to report that a significant number of our goals and priorities were surpassed thanks to the hard work of our wonderful executive council, including several past chairs who serve as trustees and ex officio members and active section members.
The Marital and Family Certification Review Course reached an amazing, record-breaking 1,600 attendees in Orlando in January. The program will be returning next year to a new venue at the Universal Loews Royal Pacific. In January, we also launched our updated and completely revamped section website: www.familylawfla.org.
Due to our legislative efforts this year, the section successfully defeated flawed bills attempting to place children in the temporary care of others by contract. The section’s lobbying efforts required the vigilant work of many Legislation Committee members monitoring every bill this session that impacted our practice to ensure that proposed laws promoted the best interests of Florida’s families and children. At times, it seemed a Herculean task, and I thank each and every Legislation Committee member for their contribution and dedication this year. We provided technical assistance to bill sponsors relating to several bills, including an adoption bill that directly resulted in significant positive amendments. The collaborative law bill also passed. The alimony and 50/50 presumption bill, which the section urged the governor to veto, was vetoed. Once again the section was able to work collaboratively with the Real Property, Probate and Trust Section in its legislative agenda, and we are grateful for their assistance. Special thanks to our Legislation Committee co-chairs, Christopher Rumbold and Philip Wartenberg, to Tom Sasser and Elisha Roy (trustees), Amy Hickman, Taryn Sinatra, Bonnie Sockel-Stone, Joe Hunt, and Reuben Doupe for their time and dedication in our legislative efforts. My gratitude to Dori Foster-Morales, who served our section well as liaison to the Board of Governors.
Prior to the U.S. Supreme Court opinion on same-sex marriage, the section created an Ad Hoc Nomenclature Committee to work on the monumental task of gender-neutral language for all statutes affecting families, children, husbands, wives, adoptions, paternity, dissolution of marriages, dependency, foster care, marriage and birth certificates, and others. Under the amazing leadership of Christopher Rumbold, this committee is a work in progress thanks to the dedication of Heather Apicella, Lori Caldwell-Carr, Dr. Deborah Day, Douglas Greenbaum, Amy Hamlin, and many others.
On the publication front, and under the leadership of Julia Wyda, Sarah Kay, Ronald Kauffman, and Cash Eaton, the section took charge of updating The Florida Bar’s “Divorce in Florida” and “Parenting and Divorce” pamphlets. Our Domestic Violence Committee finalized the creation of two new (and much needed) informational pamphlets on domestic violence directed to both petitioners and respondents. We also updated our mission statement, membership and affiliate membership applications, as well as expanded contact information about our affiliate members on the website. We published our quarterly Commentator magazine, periodic Florida Bar Journal articles, and a monthly FAMSEG email. Thank you to our many volunteer editors and all those who contributed articles this year, and to Patricia Elizee and Eddie Stephens III for their assistance with social media. The Ad Hoc Bylaws Committee worked long and hard for over a year on amending our bylaws, which are ready to be presented to the Board of Governors for approval. Special thanks to Douglas Greenbaum, Aimee Gross, Amy Hamlin, Magistrate Diane Kirigin, Magistrate Norberto Katz, Magistrate Robert Jones, and Carin Porras. We actively participated in drafting and review of the family law stand alone rules and forms, which we anticipate will be a positive resource to the bench and bar. Thank you to Reuben Doupe, Sarah Kay, Judge Elizabeth Blackburn, Rob Boyd, Deborah Welch, Cole Jeffries, and Jack Moring.
In an effort to promote diversity, membership, and mentoring, the section hosted two receptions, one in Ft. Lauderdale and one in Orlando in the fall, which were well attended and a success. We hope to continue to emphasize these important concepts for the growth of our section and thank Lori Cauldwell-Carr, Lisa Franchina, and Avery Dawkins. We were pleased to award scholarships this year to five Trial Ad Seminar participants and 10 attendees at the marital and family certification review course. Our Mentoring Corner continued to facilitate the union of mentors and mentees in the field and expanded this year.
We were once again active in the sponsorship arena and were fortunate to have sponsored worthwhile events, such as the Central Florida Minority Picnic in Orlando, the Kozyak Minority Picnic in Miami-Dade, and the FLAFCC Conference held in Tampa. Thank you to Brandon Arkin, Ronald Kauffman, Jacqueline Brown, and Cash Eaton. The section made another charitable donation/gift of $75,000 to The Florida Bar Foundation in order to assist the Foundation with its efforts to continue to provide access to justice for Florida’s low-income families and children. The section also assisted local legal aid programs as a direct result of its commitment and efforts to promote guardian ad litem training.
Our Trial Advocacy Seminar, organized by Douglas Greenbaum and Aimee Gross in Key Biscayne was sold out. The program spanned four days of hands-on trial practice, critics, and live lectures. A heartfelt thank you to our 27 volunteer faculty members, speakers, and mock trial witnesses for their hard work and dedication that made this program a success. We were honored to have Chief Supreme Court Justice Ricky Polston speak on ethics and professionalism at the seminar.
In keeping with the theme of professionalism this year, the section’s out-of-state retreat in Washington, D.C., resulted in 23 section members being sworn in and admitted to the U.S. Supreme Court. Julia Wyda did a superb job organizing this retreat. Our efforts to promote board certification paid off with an 11 percent increase in initial applications for the 2016 certification exam. Our in-state retreat in Ft. Myers, organized by Nicole Goetz, provided much needed CLE on technology readiness in our law practice, but also came through with a promise of fun and relaxation, mixed with challenging team building and exchange of ideas. In addition to the excellent CLE provided at each retreat, the section’s CLE Committee led by Heather Apecilla and David Hirschberg successfully produced monthly webinars on cutting-edge topics and a very well-attended live program on children’s issues. Thank you to our General Magistrate and Hearing Officer Committee, which presented a much-needed CLE on practice and procedure.
I want to acknowledge and thank our remaining committees for their diligent work this year, which include the ADR Committee, chaired by Steve Berzner; Children’s Issues Committee chaired by Sheena Benjamin Wise and Aimee Gross; Domestic Violence Committee chaired by Judge Victoria Del Pino; Equitable Distribution Committee chaired by Reuben Doupe; Sponsorship Committee chaired by Bonnie Sockel-Stone; Support Issues Committee chaired by Ron Bornstein and Kathy Beamer; Litigation Support Committee chaired by Sonja Jean; GM/HO Committee chaired by Magistrate Jennifer Kuyrkendall; Ad Hoc Parentage Committee chaired by John Foster and Amy Hickman; Technology Committee chaired by Jack Moring and Eddie Stephens III; and the Ad Hoc Probate Jurisdictional Committee chaired by Kim Rommell Enright. My sincere thanks to our section administrators, Beth Anne Trombetta and Gabrielle Tollak, for their invaluable assistance this year.
My year could not have been successful without the support of our executive committee, Laura Davis Smith, Nicole Goetz, Abigail Beebe, and Norberto Katz who were engaged all year long with the many issues we faced. I leave the section in the competent hands of our chair-elect, Laura Davis Smith, and look forward to Laura’s continued positive work for the section.
Maria C. Gonzalez, Chair
General Practice, Solo and Small Firm
GPSSF, as our section is known, continues to have a dynamic and engaged executive counsel. Beginning at the long-range planning meeting in March 2015, we embarked on a new format for long-range planning and adopted a strategic plan format. The executive council has continued to work on the long-range plan at every meeting with the assistance of the section’s public relations consultant, Lisa Tipton.
Incoming Chair-Elect Jennifer Dietz continued the strategic plan format at the long-range planning meeting April 8 and 9. In addition to changing the format of our long-range planning, the executive council has also petitioned The Florida Bar for a name change of the section to simply the Solo and Small Firm Section. This does not mean that the section is abandoning our mission of providing service to general practice firms, as well as solo and small firm members who may not fit the classification of general practice. Perhaps by the time of this publication, the name change will have taken place and reflect the trend in voluntary bars and the ABA to the shorter name of the section.
Under the leadership of Past Chair Margaret “Peggy” R. Hoyt, we will offer an all-day general practice Annual Convention CLE, The Florida Law Update. The Florida Law Update is an ever-popular CLE cornerstone of the annual convention. I thank Kimberly Menchion for her work in putting on a president’s showcase CLE at the 2015 annual convention. The section featured on October 2 the annual ethics update in Tampa. As has been the case for several years now, the update was under the experienced leadership of Eugene E. Shuey, for which we owe our thanks and appreciation for his many years of service. Sadly, I accepted Gene’s request to find a new chair for the annual ethics update, and, this year, our Past Chair Linda Calvert Hanson took over chair of the annual ethics update and ably guided us through the seminar, which remains very popular both in person and through online attendance.
The ninth annual Solo and Small Firm Technology Conference was held at The Florida Bar’s 2016 Winter Meeting in Orlando. This day-and-a-half seminar focused on the management and technology needs of solo and small firms and continues to be a cornerstone of The Florida Bar’s Winter Meeting. This year’s conference titled, Wild, Wild Tech: Taming the Technology Beast, was chaired for the second time by Jennifer Kuyrkendall. This year for the first time we were able to have live Tweets on a large screen in the conference room as the conference progressed. The conference room and hallway was again filled with vendors, many of them new to the conference, with mostly technology products to assist attorneys with their needs for law office management. The conference had the traditional networking luncheon, which was very successful at bringing together attorneys with like-minded interests. The event was attended by Florida Bar President Ramón A. Abadin, President-Elect William J. Schifino, Jr., and President-Elect Designate Michael J. Higer. All three were present for the presentation for the GPSSF Tradition of Excellence Award to Carl Schwait, which is given annually to a lawyer whose efforts throughout the year have been beneficial to The Florida Bar and specifically to the general practitioner. I had the honor of presenting the Walter Crumbly Award to Renée Thompson for her contribution to the education of young up-and-coming lawyers. Ms. Thompson was formerly the chair of the inaugural Leadership Academy. The Walter S. Crumbly Award is given each year to an individual (which may include nonlawyers) who has made a significant contribution to practice management in Florida. The award was originally created by the Practice Management Development section in honor of the long service of Judge Walter S. Crumbly. The tradition has been carried on by GPSSF since 2008.
The section also makes two other awards annually, the L. Michael Roffino Pro Bono Award to recognize pro bono organizations within the state that have put together the best service programs during the year. This year’s winner of the award was Dade Legal Aid. This is the oldest award by the section and has been awarded annually since 1990. The section has awarded over $120,000 to pro bono programs in Florida since 1990. Last year, we started an award for Paralegal of the Year as our affiliates, paralegals, and law office managers often go unrecognized. Patricia Deramas was our Paralegal of the Year for 2015-16 for her work as officer and past chair of the Paralegal Association of Florida.
An important member benefit is our publications. The Publication Committee is chaired by Joshua Hertz who is responsible for the Link, the section’s quarterly e-publication and the QuickLink, which is an email- and social media-based publication that can be read in five minutes. The QuickLink is my favorite Bar publication that I never miss reading because it is a fast read, technologically relevant to my practice, published bi-weekly, and available everywhere. Lisa Tipton edits QuickLink and the Practice Resource Institute is a constant contributor.
I know that I have not thanked everybody in this article or even personally, but I ask everyone to recognize the efforts of Ricky Libbert, who has been assisting the section and me for many years. Ricky and I became acquainted in 1996 when she assisted me in presenting the first internet seminar for The Florida Bar. She continues her efforts in assisting the section in putting on complex technology seminars to this date. For those of you that may not have been at the 1996 annual convention, the theme of the convention was Surfing the Net, and our entertainment was provided by the Beach Boys’ Mike Love. I thank each member of the executive council for supporting me through this year, and I have every confidence that Chair-Elect Jennifer Dietz will exceed anything that I have been able to accomplish in the 2015-16 Bar year.
Damon C. Glisson, Chair
Government Lawyer
“May you live in interesting times” is said to be an old curse. For the Government Lawyer Section, it seems like every year is interesting, usually in a good way. So either we are exempt from the curse, or have been cursed so long we don’t even notice it. Our executive council met in October in Tallahassee and in April at our annual retreat in St. Augustine for long-range planning. The section also participated in the Tallahassee Bar Association’s chili cook-off, which was a lot of fun.
Our emphasis this year was on producing CLE programs that would be highly informational and well-attended. We succeeded on both counts. Practicing Before the Legislature in December 2015 and was timely and insightful; also, 2016 Advanced Topics in Administrative, Environmental and Government Law was held in April and Practicing Before the Supreme Court in June. All were excellent programs. Thank you to our CLE chair Russell Kent for his outstanding work, along with the other members of his committee.
One of our long-range goals is to find the sweet spot in the budget process. As most sections can attest, it is not always easy to understand the various sources of variable revenue and expense associated with maintaining a section. One change we made in 2014 was to reset section dues to $40, although, for the time being, the joint dues with the Administrative Law Section and Criminal Law Section will be unchanged. This dues change is necessary to meet rising costs, but can be reevaluated should other factors merit it.
The section is looking forward to naming the Claude Pepper Outstanding Government Lawyer Award at the General Assembly of the Annual Convention. At the time of this report, nominations were pending for the 2016 award, and the members of the Claude Pepper Award Committee were reviewing those applications to make a recommendation for the recipient.
The section continues to support the Bar’s Leadership Academy. GLS had another representative attend this year — Linje Rivers. The section anticipates continued involvement in the program.
Thanks as always to our Board of Governors liaison, Bill Davis, who is hanging up his spurs as far as the board goes. Bill, we wish you the best and appreciate the years of great interaction with you and support from you for GLS. Congratulations to Bill’s successor in the Second Circuit, Melissa Van Sickle. Thanks, also, to our hard-working section administrator, Calbrail Bennet.
One final note, the Government Lawyer Section worked with the City, County and Local Government Law Section to amend the comment to Florida Bar Rule 4-4.2 regarding communication with persons represented by counsel. After much debate with representatives from other sections and the Bar Rules Committee, the comment will not be amended.
Here’s looking forward to more and more interesting times.
Robert Downie, Chair
Health Law
Constituted in 1988, the Health Law Section, which is currently 1,700 members strong, has been committed for nearly three decades to the education of and communication between attorneys practicing in the complex and dynamic field of health care law. This was a robust and productive year for the section, marked by federal and state law developments heralding how this legal subspecialty is becoming increasingly critical for clients and the general public alike, as health care now occupies over 17 percent of the U.S. economy.
The section kicked off the year with a lecture during the 2015 annual convention in Boca Raton titled, Master Class: The U.S. Supreme Court’s Decision in King v. Burwell and the Impact on Health Care in America, given by Jonathan H. Adler, Johan Verheij Memorial Professor of Law at Case Western Reserve University. Professor Adler is the scholar widely credited with discovering the legal theory that had the potential to tank the Affordable Care Act (ACA), and co-authored an amicus curiaebrief submitted to the Court in the matter. The section could not have timed Professor Adler’s lecture more perfectly; mere minutes prior to his presentation, the Court announced its decision in King v. Burwell, keeping the ACA and tax credits for those purchasing health care insurance from federally sponsored exchanges intact. Attendees, who had been anxiously monitoring SCOTUSblog and other sources all morning, had the opportunity to hear firsthand Professor Adler’s reaction to this momentous decision.
Indeed, CLE programs have historically been a centerpiece for the section. Myla R. Reizen, chair of Continuing Legal Education, must be commended this year for her leadership in overseeing the section’s CLE offerings. The section sponsored four in-person CLE programs throughout the year. On September 18, 2015, the section hosted the seventh annual FUNdamentals of Health Law program, organized by program Chairs James M. Barclay and Barry S. Herri. This year’s focus on Lawyers at the Bedside: The Intersection of Legal and Medical Ethics covered topics such as end-of-life decisionmaking and ethical dilemmas faced by hospital medical staff.
On November 5, 2015, the section hosted its annual Health Care Regulatory and Complianceprogram, organized by program Chairs Myla R. Reizen and Grant P. Dearborn, addressing timely developments, such as recent changes to Stark Law rules and trends in False Claims Act settlements between health care industry players and the U.S. Department of Justice.
On January 8, the section hosted its annual Representing the Physicianprogram, the theme of which was The Only Constant is Change. This program, developed in conjunction with The Florida Bar’s Tax Law Section and organized by Chairs Lester J. Perling and Alan S. Gassman, offered attendees insight into issues, such as telemedicine law, creditor protection for health care providers, and effective succession planning for physician practices.
On March 4, the section hosted its annual Advanced Health Law Topics and Certification Reviewprogram, organized by Chairs Jodi L. Laurence and Robert A. Pelaia. The format of this year’s certification review course, which aims to prepare health law practitioners to join the ranks of the 128 attorneys currently certified by The Florida Bar in this field, was significantly revamped to include informative panel discussions, earning the resounding approval of attendees.
Finally, the section recognizes that with what can sometimes be overwhelming work and other responsibilities, members cannot always attend in-person CLE programs. Several years ago, the section established a monthly audio webcast CLE series in an effort to furnish a logistically simple and relatively inexpensive way through which our members can earn CLE credits. Organized by Chair Grant P. Dearborn, the section’s audio webcast CLE series this year has covered a range of topics from notable health care appellate decisions to antitrust law in the health care sector.
The section’s various publications and media have also served as an effective tool to relay the latest health care law developments to our members. Under the expert guidance of Shachi Mankodi, editor-in-chief, the section has published a quarterly newsletter encompassing 18 scholarly articles in total on issues such as health care wearable technology, compliance standards for accountable care organizations, and recent enforcement actions taken against hospitals for alleged failures to furnish suitable accommodations to deaf patients.
The section owes much gratitude to Malinda R. Lugo, editor-in-chief, and Kimberly S. Sullivan, Patricia A. Huie, and Rachic A. Wilson, co-editors, who have worked to ensure timely issuance of the section’s bimonthly electronic Health Law Updates, covering the most recent news in the health care industry. The section is proud to have been one of the first within The Florida Bar to develop a website and social media presence. We are indebted to Brian Zargham, who as webmaster and manager of social media initiatives has been chiefly responsible for keeping section members abreast of every meeting, event, call for speakers, appeal for authors, CLE program, and news publication.
The intensity of the section’s CLE programming and publications is due to the fact that health care law is vibrant and ever-changing. The section is fortunate to be able to call upon Steven A. Grigas, chair of the Legislative Committee, who provided the executive council with detailed reports of health care-related bills and budget issues considered by the governor, the Florida Legislature, and the virtual alphabet soup of state health care agencies this year.
Any attorney who practices in this subspecialty will tell you that the laws with which they wrestle today are vastly different from those with which they dealt years ago. It is critical for the section to nurture young leaders, and we responded to this need a few years ago with the creation of a Young Lawyers Division. Adam R. Maingot served as chair of the section’s Young Lawyer Division this year and commenced planning of a mentorship program for budding health care lawyers.
This has also been a year in which the section has forged new connections with some of the health care providers whom we serve. On September 17, 2015, the section invited representatives from the Professionals Resource Network (PRN), the organization responsible for supervising impaired physicians and other licensed professionals in Florida, to a meeting of the section’s executive council. There, the section and PRN openly discussed the management of impaired practitioner cases, and we hope to continue such dialogue with the ultimate aim of collectively caring for those who in turn care for patients in this state.
This year, the section accepted the invitation of Gary S. Lesser, its board liaison, to make a presentation before the Board of Governors at its October 15, 2015, meeting in Atlantic Beach. We are appreciative to Mr. Lesser for this opportunity and for his ardent and continuing support for the section. The section congratulates President Ramón A. Abadin on an incredibly successful year and wishes the best to President-Elect William J. Schifino, Jr., as he takes the helm of The Florida Bar.
I extend my deepest gratitude to the members of the section’s executive committee. My profound thanks to William P. Dillon, immediate past chair, for his wise counsel throughout the year; Nicholas W. Romanello, treasurer, for his mastery of the section’s finances; and to Gregory A. Chaires, secretary, for his faithful attention to every last detail on behalf of the section. The section will soon be in the very capable hands of Steven A. Grigas, chair-elect, who will continue the section’s record of achievement. And to Willie Mae Shepherd, the section’s program administrator: You are a true asset to The Florida Bar. Your efforts to meet every deadline, accommodate every request, and answer every question for our section’s leadership and general membership have not gone unnoticed and will always be remembered.
It has been a privilege and honor to serve the section.
Charmaine T. M. Chiu, Chair
International Law
As chair, I welcome the opportunity to share with you a summary of the major projects and accomplishments of the International Law Section of The Florida Bar (ILS) during 2015-16. The ILS was founded in 1981 and, today, has over 1,000 members. Generally speaking, the field of international law consists of two main areas: private and public international law. Private international law includes those laws, regulations, and treaties that govern international trade and commerce. Public international law focuses instead on treaties and doctrines that govern the relationships between nation states.
The ILS focuses primarily on private international law, such as international litigation and arbitration, as well as international corporate, tax, and trade law. However, there are some subject areas, such as the work of the NAFTA Committee, that involve public international law as well. The ILS has a well-deserved reputation as one of the most active and effective international law sections in the U.S. and strives to make Florida one of the leading jurisdictions for the practice of international law in the world.
• Proposed Legislation — In order to help build the legal infrastructure necessary to support the development of international law in Florida, the ILS has focused heavily in the legislative area. It is probably the only section of The Florida Bar that has repeatedly drafted, proposed, and succeeded in passing multiple pieces of legislation in Florida without the aid of a paid lobbyist. This year the ILS Legislative Committee drafted two new bills. The first bill creates a state regime for the enforcement of international commercial settlement agreements and is patterned generally after the 2002 U.N. Model Law on International Commercial Conciliation. The second bill would authorize state courts to assist international arbitration tribunals and parties before such tribunals in obtaining evidence. This legislation would in essence be a Florida analog to 28 U.S.C. §1782 and would provide added discovery tools for the effective resolution of disputes in international commercial arbitration. The Legislative Committee will submit these bills to the Board of Governors for approval and permission to present to the Florida Legislature for passage during the next legislative session.
• Amicus Brief — The ILS maintains a standing Amicus Committee in order to respond quickly in cases involving the application and interpretation of international law in Florida and provide guidance to state and federal courts. In said capacity, the ILS filed an amicus brief with the Florida Supreme Court on behalf of O.I.C.L., a minor unaccompanied alien, in the case of O.I.C.L. v. Department of Children and Families. The case sought to overturn a decision by the Fourth DCA, which the ILS argued restricted unaccompanied minor’s access to courts by denying petitions for adjudication of dependency simply on the basis of whether the child lives with a relative, without further inquiry. The ILS urged the Florida Supreme Court to quash the Fourth DCA’s decision on legal and humanitarian grounds.
• The Vis Pre-Moot —For over 10 years the ILS has organized and hosted a pre-moot in Florida for all of the Florida law schools competing in the prestigious Willem C. Vis International Commercial Arbitration Moot held every year for the past 23 years in Vienna, Austria. The Vis Moot is the world’s leading academic event in the field of international commercial arbitration. Approximately 300 teams of law schools from all over the world participate along with almost 2,000 leading international arbitration professors and practitioners. The ILS began this program as a way to give back to the community and to support the teaching and study of international law in Florida.
In addition to hosting the Vis Pre-Moot, the ILS is, as far as we are aware, the only state bar organization in the world that provides a financial stipend to each law school from its state that competes in the event. This year, the ILS increased that stipend from $2,500 to $3,500 for each Florida law school and helped support five teams: University of Florida, University of Miami, Stetson, Florida International University, and Florida State University. As a result of this program, Florida sends more teams to the Vis Moot than most countries do. This helps build Florida’s image as a leader in the field of international law and strengthens our bench of international law practitioners by encouraging law students to enter the field.
We are particularly happy to announce that, this year, two Florida teams made it to the round of 32 in the elimination rounds: Stetson and University of Florida. Dimitrios Peteves, a third-year law student from the University of Florida, was named best oralist in a three-way tie with two law students from other schools. Those accomplishments bring tremendous recognition to our state.
• Cuba Law Committee — In response to the reestablishment of diplomatic relations between the U.S. and Cuba, the ILS created the Cuba Law Committee. This committee has attracted wide-spread interest in the legal and business communities as the world looks to Florida lawyers who are at ground zero in the effort to develop increased business ties between the U.S. and Cuba. The ILS aims to ensure that Florida lawyers are second to none in terms of their knowledge of and opportunities to participate in trade with Cuba.
At the same time, the ILS is mindful of the need to advance human rights in Cuba and believes that goal can and must be pursued in tandem with increased trade. For example, the Cuba Committee organized the featured plenary panel at the recent International Litigation, Arbitration, and Transactions Conference presented by the ILS. That panel included representatives from the U.S. Department of Commerce and the Office of Foreign Assets Control who gave participants a first-hand explanation of the new regulations involving trade with Cuba, as well as University of Miami professor, Dr. Jaime Suchlicki, who discussed the lack of basic human rights in Cuba, including the inability of a Cuban worker to contract freely and directly with a foreign employer, and Cuba’s failed economy and history of nonpayment of foreign debt.
Eduardo Palmer, Chair
Labor and Employment Law
For the Labor and Employment Law Section, a diverse group of 2,143 practitioners, judges, and government attorneys, this year has been one of both continuity and innovation. We have continued our popular annual series of live CLE seminars. In September 2015, David W. Adams of Tampa and Kristen M. Foslid of Miami co-chaired our annual discrimination law seminar, held in West Palm Beach, which focused on the litigation of discrimination cases in both judicial and administrative tribunals. A highlight of the seminar was a panel featuring Judges Patricia A. Seitz, Cecilia M. Altonaga, and Ursula Ungaro from the U.S. District Court in Miami, addressing a variety of substantive and procedural matters in federal court discrimination cases.
In October 2015, PERC Hearing Officer Gregg Riley Morton co-chaired the 41st annual Public Employees Labor Relations Forum, cohosted with our colleagues in the City, County and Local Government Law Section, which is the longest running jointly sponsored annual seminar in The Florida Bar. In January, Robyn S. Hankins and Marlene Quintana co-chaired our 16th annual Labor and Employment Law Update and Certification Review Seminar, a complete overview of recent developments throughout the broad scope of labor and employment law. Cathy Jo Beveridge and Judge Alan O. Forst co-chaired our Advanced Labor Topics Seminar in May, which regularly features nationally prominent speakers.
Combined with our presidential showcase presentation at last year’s annual convention in June 2015, Don’t Crash on the Information Highway, almost 400 people attended one of our live seminars in calendar year 2015, and we expect a similar total in calendar year 2016. In addition to continuing our popular CLE series, the section again presented a live webinar series on niche topics.
Under the leadership of Editor Robert M. Eschenfelder, the section expects to publish 10 columns in The Florida Bar Journal during the year on a variety of topics. The Checkoff, the section’s newsletter, is publishing three editions during the year under the leadership of Editor Jay P. Lechner.
Continuity also means ongoing work on recent initiatives. Immediate past Chair Shane T. Munoz continues leadership of a project to develop proposed sample forms for FLSA litigation in federal court. Robert S. Turk, 2013-14 chair, continued his initiative of sponsoring events with the NLRB by hosting a regional meeting of the ABA Committee on Practice and Procedure under the NLRA. Sherril M. Colombo, chair in 2012-13, and I continue working with a subcommittee reviewing potential changes to the certification standards for labor and employment law in tandem with the Labor and Employment Law Certification Committee.
The section also recognizes the importance of devising new ways to meet its members’ need for professional growth. This year, Amanda L. Neff and Robert J. Sniffen co-chaired a new seminar in Tallahassee, Practicing Before State Labor and Employment Agencies, which exceeded our goals with 61 paid attendees. The seminar provided an unprecedented look at FCHR, PERC, DEO, and RAAC practice, as well as the views of veteran judges from DOAH on FCHR hearings and the First DCA on review of agency cases. It was the first live seminar our section has conducted in the panhandle region in seven years.
The section’s most important new initiative, however, addresses the need to improve our methods of electronic delivery of services to the membership. After obtaining survey information from our section members and leadership of other sections, we held a planning retreat in May to address improvement to our website, e-news, social media, and other potential methods of delivering information to the membership. We hope to implement improvements during the forthcoming year. Judge Stephanie W. Ray and Brian L. Lerner have admirably led our efforts in these areas during the past few years.
It’s been a busy but productive year, thanks to the help of many people, as we strive to be the best source of information on labor and employment law and practice for one of the nation’s most active state labor and employment law bars.
Judge Frank E. Brown, Chair
Out of State Division
The Out of State Division is made up of close to 900 members. We represent and serve the interests of the more than 14,700 Florida Bar members in good standing with a primary residence outside the Sunshine State.
The division and its leadership strive to meet the varied needs of the Bar’s out-of-state members. Our many purposes include providing a vibrant link to The Florida Bar; communicating frequently with our members about Florida law issues; helping out-of-state lawyers in administrative, educational, and practice development issues; emphasizing diversity to provide opportunities for all lawyers; facilitating networking with and among other Florida attorneys; encouraging pro bono activities by out-of-state members; providing a forum for the discussion of issues of common interest; and seeking to improve the law and our legal system. This year, once again, the division worked diligently to carry out its mission through a variety of activities.
Open communication with our members is a high priority for the OOSD, and our State to State newsletter continues to be our most visible communication initiative. State to State is published three times per year and is sent to all out-of-state Florida Bar members (not just OOSD members) electronically and free-of-charge. Through the editorial leadership of OOSD executive council members Don Workman and Matt Kahl, the newsletter serves an important educational role. Articles published in the newsletter focus both on Florida law developments and implications of national legal developments on Florida practitioners. We consistently receive positive feedback from Bar leadership and our members about the quality of State to State.
Another highly important communications tool for our division is organized by our four out-of-state representatives to The Florida Bar’s Board of Governors (BOG). Shortly after each BOG meeting, our representatives circulate by email a summary of all the important developments that occurred at the meeting. These timely messages, which are sent to all Florida Bar members living outside Florida, allow the out-of-state practitioners to remain informed about the important work of the Bar and how it might impact us.
We continue to focus on the goal of increasing our division’s membership. We recently formed a new subcommittee to explore and better articulate the OOSD’s value proposition to our members in an effort to increase participation. Our hope is that this value proposition will allow us to draw in more Florida lawyers who can help us carry on the important work of our division.
The division holds networking and educational events around the country to bring our members together. In March, we had a highly productive meeting in New Orleans that coincided with the BOG’s out-of-state meeting in that great city. Through the significant efforts of executive council member Eric Meeks, we sponsored a first-rate CLE seminar on How to Gain Competitive Advantages and Clients for the Modern Ethical Law Practice. Florida Bar President Ramón Abadin kicked off the event with a thought-provoking talk on the current state of the legal practice and, after the CLE was completed, we joined the BOG for a cocktail reception and valuable networking.
Our division works hard to stay involved with Florida Bar activities, and over the past year, we once again did a good job of being involved in key initiatives. During the vigorous debate over reciprocity, as an example, we sponsored a poll for all out-of-state Florida lawyers to seek their input on admitting lawyers from other states. It is our understanding that this was the largest source of input from Florida Bar members that was submitted to the Vision 2016 Commission for consideration on that contentious issue.
Many of our members know that division membership can be a great source of referrals from and to Florida Bar members around the country. We use these contacts to put lawyers in touch with each other in ways that are mutually beneficial, as well as viewing them as opportunities to help educate others about The Florida Bar and its services.
The division thanks its officers, members of the executive council, the out-of-state representatives on the Bar’s BOG, our program coordinator, Willie Mae Shepherd, and the many others who have helped to make this year successful for the division and all out-of-state members of The Florida Bar.
Please visit our website for the contact information of our officers and executive council members. We want your thoughts on how we can provide more opportunities and better serve you.
Christopher C. Marquardt, President
Public Interest
The Public Interest Law Section, covering a broad range of substantive areas, had a year of working toward growth and expansion in light of a loss of membership, driven largely by the budget cuts to legal services programs, thus, reducing our legal services attorney members. Our small size as a section, however, did not slow us down thanks to our dedicated attorneys who devote time to our section. The result is that we continue to provide the same participation and advocacy as the larger sections.
We started this year by receiving the good news that the Supreme Court approved the application for the juvenile law certification. The launch of this important certification is in large thanks due to the hard work of many members in PILS as well as the Family Law Section. PILS provided its input on who should be appointed to the inaugural certification committee and are pleased that the co-chairs, Robin Rosenberg and Rob Mason, and many of the members are drawn from our section. We continue our leadership role in creating and guiding the necessary CLEs for the certification, led by Jessica Rae.
Recognizing the cost to our members to attend live CLE events, we were eager to participate in the Bar’s Thursday lunchtime webinars. This year PILS presented two webinar series thanks to the guidance of our CLE chair, Kathy Grunewald. The first series provides important topics on public interest law, including civil indigency affidavits, restoration of civil rights, and hot topics on veterans’ benefits law. Our second series focuses on issues important to the consumer protection practitioner, including garnishment, statute of limitations in foreclosure cases, and issues with reverse mortgages. We look forward to continuing to provide public interest webinars. On other training, we are participating with the Florida Institute of Certified Public Accountants in an event on not-for-profit organizations to be presented this May. John Copelan and Jeffrey Fromknecht worked hard to put this together.
PILS has always actively participated in the Florida Legislature, advocating for the issues we support, and this year was no different. Under our legislative liaison, Laura Boeckman, we received approval for issues that allow us to advocate on behalf of people with arrest and conviction records seeking housing and employment. We supported issues at the legislature this year through our volunteer section lobbyist, including the protection of the out-of-state plaintiff cost bond, addressing problems with direct-filing criminal charges against children, and advocating for unanimous jury verdict in capital cases.
We also joined with the International Law Section in filing a brief in O.I.C.L. v. Florida Department of Children and Families, a case before the Florida Supreme Court.
We continued our relationship with the Florida Coastal Law Review by publishing our third annual issue with a focus on the public interest. We also continue our relationship with Nova Southeastern Law School in the publication of our quarterly Florida Public Interest Section Journal. This allows us to interact professionally with law students and nurture their interest in public interest law while they provide a great volunteer service to our section.
We participated in two law school programs, allowing us to share the work we do and promote our section. The first was the 2016 Diversity Mentoring Picnic at FAMU College of Law; we were a sponsor of the event, and Craig McCarthy represented us. The second was a professional development event at Ave Maria School of Law, where John Copelan represented us.
Finally, we continue our efforts to create a PILS website and the accompanying social media. Funding for a website has slowed us down, but we hope through donations and sponsors we will be able to join our fellow sections with a website and join the technology age.
We are sad to report that John Copelan, our chair-elect, passed away in March. As you can see, he was an active member of our section and very excited about moving forward as chair next year. He hoped to expand our efforts in promoting our section and our work among law students. He donated our sponsorship of the event at the FAMU Law School since he felt so strongly about this. To honor John, we plan to carry on his desire to share the work we do with the rising generation of law students.
Alice Vickers, Chair
Real Property, Probate and Trust Law
You and your lawyer colleagues will gain insight through our innovative series, E-Law for Lawyers, addressing issues facing every Florida lawyer, whether buying a home, renting an office, designating health care decisions, passing acquired wealth to the next generation or charities and beyond. Short lunchtime presentations tailored for you will be accessible on your smartphone, tablet, or computer. Information on the e-law program, other seminars, and current initiatives is easily assessable at www.rpptl.org.
Thus, the Real Property, Probate and Trust Law (RPPTL) Section, the Bar’s largest substantive law section, advances its 10,000-plus members’ competency, pursuit of excellence, and other hallmarks of professionalism with all members of the Bar. The RPPTL Section through two substantive divisions, Real Property Law, and Probate and Trust Law, and our general standing committees pursue these goals. As you will observe, the committees addressed cutting-edge issues in a professional and timely manner, on an invigorating, expedited basis.
• General Standing Committees — These committees address issues straddling substantive divisions, as well as RPPTL Section administration, development, and governance.
The Amicus Committee received the highest form of recognition from Florida’s courts, even beyond being invited to brief issues within the RPPTL Section’s purview. In the en banc rehearing of Deutsche Bank Trust Company v. Beauvais, ___ So. 3d. ___, 40 Fla. L. Weekly D1 (Fla. 3d DCA 2014) (rehearing the impact of accelerating a debt), the majority opinion laid out at length portions of the section’s brief. In Saadeh v. Connors, 166 So. 3d. 959 (Fla. 4th DCA June 24, 2015) (duty of counsel for a guardian to a ward of an alleged incapacitated person), the opinion acknowledged the section’s brief.
The Professionalism and Ethics committees responded to the Board of Governors’ requests for input on critical topics such as reciprocity; proposed changes to Rule 4-4.2 of the Rules Regulating The Florida Bar concerning communications with represented governmental entities; proposed changes to Rule 4-1.8 addressing conflicts of interest; and expert testimony in litigation address in part by our Daubert/Frye Task Force. The Homestead Study Committee proposed legislation to resolve issues arising when homestead property is held in a trust. The Same Sex Marriage Issues Committee reported and educated on this important and evolving area.
The CLE Committee produces the highest quality programs, pursuing alternative platforms and mediums, such as audio-only and webcast, and formats, such as pop-up lunch-time webinars, and our newest Law for Lawyers. The Publications Committee produced relevant and timely articles, scholarly researched for The Florida Bar Journal, more practical and concise guidance for the RPPTL Section flagship publication, ActionLine, available for download at www.rpptl.org. The Member Communication and Information Technology Committee assures that the RPPTL Section communicates well to all, including through our website, social media, and our new meeting apps.
The Membership and Inclusion Committee retains current members by tending to their needs, charting easy paths for new lawyers to join the RPPTL Section, and engages law students to the importance of RPPTL, especially for minority communities for whom the transmission of wealth from generation to generation is critical, but threatened, and by hosting numerous events at Florida law schools, by inviting local law students to attend our executive council meetings and by conducting mock interviews for the law students. The Fellowship Committee sponsors eight active participants helping ensure that the RPPTL Section remains relevant for all members and potential members. The section continues to support The Florida Bar Leadership Academy by providing financial assistance to up to two RPPTL section members.
The Sponsorship and Budget committees ensure resources are available to operate. RPPTL Section members take great care and thus pride in proposals guided by the Legislation Committee to fruition. The committee monitors others’ proposals to help avoid unanticipated consequences, strives to maintain the RPPTL Section’s reputation for being a fair neutral, and advances the causes of Florida citizens without partisanship or rancor, usually on a moment’s notice. It is exhilarating to participate in and watch.
• Real Property Division Committees — The Florida Supreme Court capped a five-year RPPTL Section initiative, approving certification in the area of condominium and planned development, the fourth RPPTL Section certification area — the most of all sections. The committee of the same name continued its extraordinary legislative activities, including consideration of changes in the area of bulk buyers, termination, and estoppel letters. The Real Property Legislation Committee saw enacted its proposed to repeal the archaic civil action nonresident bond requirement, Ch. 2016-46, and its comments were incorporated into revisions to a revised substituted virtual mail box service bill.
Real Property Division CLE offerings included Chronology of a Failed Project; two-part easements series; two-part vertical subdivisions series; and the certification reviews for real property and construction. The Real Estate Leasing Committee will present the first of the Law for a Lawyers Own Business series; the Real Property Finance Committee presents Legal Opinions; the Real Estate Structures Committee will present Sales Tax and Public Private Partnerships; the Insurance and Surety Committee presents a three-part risk management series; the Development and Land Use Committee will present Affordable Housing Crash Course, Community Development Districts and Lessons Learned, and Learning in Closing Real Estate Transactions post-October 3, 2015.
Committee publications include the Insurance and Surety’s Committee’s quarterly Insurance Matters and the Construction Law Committee’s Constructive Talk.
• Probate and Trust Division Committees — The Ad Hoc Jurisdiction and Service of Process Committee responded to constitutional and procedural issues in proposed legislation concerning service by publication and the right of caregivers for vulnerable adults to recover funds from an alleged exploiter. The Ad Hoc Guardianship Law Revision Committee is proposing an updated guardianship code. The Ad Hoc Spendthrift Trust Committee is considering the appropriateness of continuing writs of garnishment against a discretionary trust by a former spouse with a valid support order. The Asset Protection Committee evaluated the Uniform Voidable Transactions Act’s impact upon estate planning.
The Digital Assets and Information Study Committee proposed a revised Florida Fiduciary Access to Digital Assets Act to address the cutting-edge issue of electronic communication assets, resulting in Ch. 2016-46, and is planning seminars to explain the new law to professionals. The Estate and Trust Tax Planning Committee sought to clarify the creation of a joint tenancy with right of survivorship, or tenancy by the entireties in certain personal property, without the traditional straw man third-person transfer, studying other states’ allowing a statutory community property trust, conversion of nontrust property into community property, evaluating whether clarification is necessary for certain fiduciary elections and tax disclosures, including technical advice for what was approved as CS/CS/CS/SB 540, and pursuing enactment of the last provisions of the Family Trust Company Act, Ch. 2016-35. The Elective Share Review Committee focused on updating a surviving spouse’s right to estate assets.
The Guardianship, Power of Attorney and Advance Directives Committee responded to the many legislative proposals concerning perceived problems and abuses in the guardianship system, including the cap on funeral-related expenses, payment of guardianship expenses, spousal consent to initiate divorce proceedings, and standards for guardians and other fiduciaries. The committee provided technical advice on these issues for what was enacted as Ch. 2016-40 and concerning medical marijuana, enacted as Ch. 2016-123. The committee also worked with the Probate Rules Committee on issues affecting guardianships. The IRA, Insurance and Employee Benefits Committee monitored insurance and annuity issues to inform practitioners.
The Probate Law & Procedure Committee is drafting proposals to allow a living testator to deposit his or her will with a clerk of court, reform Florida’s summary administration, and to consider inheritance by children born of artificial reproductive technology. The committee is also drafting proposals to consider treatment of coins and bullion in probate and analyze forfeiture of inheritance by elder abusers.
The Trust Law Committee projects include benefiting beneficiaries verses effectuating a settlor’s intent, compensation for co-trustees, the Uniform Trust Decanting Act, notifications for charitable trusts and the definition of, powers, and duties of trust protectors, trust advisors, and special trustees. With the Probate and Trust Litigation Committee the committee cosponsored the popular Litigation and Trust Law Symposium. The Uniform Principle and Income Act Committee initiated a review of the allocation of expenses between life tenants and remaindermen, the impact of an elective share trust, and jurisdiction over discretionary powers.
The Liaison with Elder Law Section Committee addressed common issues between the sections, including guardianships, health care surrogates, and health care providers’ limited immunity for end-of-life decisionmaking. The Probate and Trust Litigation Committee is evaluating criminal and private actions for exploitation of a vulnerable adult, and joined with the Trust Law Committee to present the 2016 Litigation and Trust Law Symposium in Tampa. The Wills, Trusts, and Estates Certification Review Committee offered a two-day, 18-hour CLE course, including credits in three certification areas: elder law; tax law; and wills, trusts, and estates.
Beyond the accomplishments of our extraordinary committees, the RPPTL Section met in Berlin in October. Why Berlin? Because Berlin reminds daily that each of us, as a professional, faces choices. Most choices are mechanical; many choices are obvious; and occasionally there is the choice that impacts not only our lives, or a client, but that can reverberate and impact society. In this virtual age, participants in our journey, through touching and feeling, viscerally understood what occurred in the past and are better prepared to face difficult questions as our world changes. This journey was about our role as legal professionals, lawyers, and jurists, and our responsibility to our communities and society as a whole. It was a reminder of what happens when our attention to preserving democracy and the rule of law is diverted and how swiftly what preserves our values collapses.
The RPPTL Section continues to strive, collectively transmitting excellence to RPPTL Section members, encouraging each individual member’s pursuit of excellence, each member’s succeeding in a professional, fulfilling, and enjoyable environment. In this quest there are literally hundreds who have excelled, far too many to mention, but who are recognized at www.rpptl.org.
Michael J. Gelfand, Chair
Trial Lawyers
The Trial Lawyers Section (TLS) had another productive and successful year, proudly serving its members. The section continued its efforts to provide educational opportunities for its members and to promote the art of advocacy, as well as its efforts to preserve access to courts and judicial independence. A few of this year’s section highlights are:
• Publications — The Florida Handbook on Civil Discovery Practice, a joint project of the TLS with the Circuit and County Judges Conferences, was revised, and the 2016 (15th) edition published and furnished to all Florida circuit and county judges through the efforts of committee Chair John Williams. The Discovery Handbook, a reference for judges and lawyers to quickly access legal authority on recurring discovery problems, is available on the TLS website at www.flatls.org. Additionally, the section began emailing monthly updates to its members to keep them timely apprised of section activities and continued its quarterly publication by electronic means as The Edge. Both of these efforts were spearheaded by Chairs Kim Ashby and Wil Murphy.
• Chester H. Bedell Mock Trial Competition— For over 30 years, the TLS has annually conducted the prestigious Chester H. Bedell Mock Trial Competition for teams from Florida’s accredited law schools. The 2016 competition, chaired by Wiley Hicks, was hosted in Ponte Vedra Beach from January 20 -22. Eighteen teams from 10 Florida law schools competed. There were two preliminary rounds, quarter final, semi-final, and final rounds. Each round was presided over by a sitting judge and scored by five lawyer jurors. Through the efforts of committee member Thomas Edwards, judges and lawyers from the Fourth and Seventh judicial circuits graciously volunteered their time to make the competition a success. We were honored to have U.S. District Court Judge Timothy Corrigan of the Middle District of Florida preside as the finals judge. This year, the finalists were a team from FSU and a team from FIU. For the first time ever, FIU emerged as the Chester H. Bedell Mock Trial champions. Additionally, FIU’s Elroy John was the recipient of the best advocate award.
• Teachers Law School—The TLS, under the lead of Chair Wes Smith, hosted its fourth installment of the Teachers Law School in conjunction with the Chester H. Bedell Mock Trial Competition. This year’s school featured over 70 middle and high-school civics teachers from Duval, Clay, St. Johns, Putnam, Sarasota, and Palm Beach counties for the two-day program, which featured presentations on the three branches of government and the court system, the role of the independent lawyer, the right to a civil jury trial, criminal justice, family law, and First Amendment and school issues. Special presentations included topics such as Bush v. Gore, the Casey Anthony trial, and the Constitution Revision Commission. For the first time this year, the teachers, in addition to observing the Chester H. Bedell Mock Trial finals, served as the trier of fact, rendering their verdict on the substantive issues in the mock trial problem. The teachers raved about the program and their overall experience and were enthusiastic about sharing with their students the importance of lawyers, judges, and the judicial branch in our democratic society. The school has been a rewarding and fulfilling program not only for the teachers but for all of the speakers and executive council members who have participated in the program. The TLS looks forward to continuing the program around the state to promote civics and the important role of lawyers and our justice system.
• CLE—The section hosted itsannual Civil Trial Update and Board Certification Review on February 4-5 in Tampa. This year’s seminar received some of our highest ratings ever, and is available by online webcast replay or cd/dvd. Thanks go to Ed Cheffy, who chaired the program. The section’s second Advanced Medical Malpractice Seminar, under the lead of Chair Mindy McLaughlin, was hosted at the USF Health/Center for Advance Medical Learning and Simulation (CAMLS) in Tampa on March 11. The seminar, designed for practitioners who practice law in the area of medical malpractice and personal injury, was a sellout. It provided the latest insight into expert witness discovery, the presuit process and requirements, the privileges claimed under PSOQIA, evidentiary issues, and both a legislative and case law update.
The section’s premier annual CLE, the Advanced Trial Advocacy Seminar,was held May 10-14 at the University of Florida Levin Law Center. As always, the program had an outstanding faculty consisting of state and federal judges and premier trial lawyers as well as barristers from England. The ATA seminar is hands-on, learning-by-doing trial skills training. Participants hear lectures and join in discussion and demonstrations. Participants also receive suggestions from experienced Florida trial lawyers on making far more effective presentations. Presentations are videotaped and critiqued in one-on-one sessions. Only 56 attorneys are selected to attend, and the TLS once again provided four of those spots for legal aid lawyers through scholarships in conjunction with The Florida Bar Foundation in an effort to assist with providing access to courts to low-income residents.
• Legislation—In January, the Florida Legislature convened its regular session. After more than 25 weeks of committee meetings, session, and special sessions, in calendar year 2015, the part-time Florida Legislature became nearly full-time this year. The TLS continued its efforts to monitor and assist in the development of legislation that falls within the three legislative platforms that form the basis for the section’s involvement with the Florida Legislature: access to courts, independence of the judiciary, and adequate funding of the state court system. Section members and the section’s lobbyist Bob Harris met with senators and representatives leading up to the start of the 2016 session in January and continued throughout the session.
• Chester Bedell Trial Lawyers Luncheon—At the Annual Convention in June, the section will again jointly sponsor with the Criminal Law Section a luncheon featuring a lecture on the Independence of the American Lawyer. We are fortunate this year to have The Life and Times of Henry Lee Adams, Jr., presented by Judge Henry Adams and William Sheppard.
As my term as chair of the section comes to a close, I thank each member of the TLS executive council for your hard work and support, as well as that of our Bar liaison, Wayne Helsby, and our section administrator, Chase Early. It has been a privilege and a pleasure to serve as chair of the TLS.
Courtney K. Grimm, Chair
Workers’ Compensation
Workers’ compensation in Florida remains an area of constant change, evolution, and a hot bed for judicial activity. Last year, multiple cases were accepted by the Florida Supreme Court for review. As of this report, all are ripe for a decision, which may have a dramatic impact on the system and the practice. The cases:
1)Westphal v. City of St. Petersburg, Case No. SC13-1930. In an en banc decision issued September 23, 2013, the First DCA concluded that by the plain language of §440.15 (2)(a), an injured worker still totally disabled at the end of his or her eligibility for temporary disability benefits is deemed to be at maximum medical improvement as a matter of law, even if the worker may get well enough to someday return to work. The court certified the following question of great public importance: “Is a worker who is totally disabled as a result of a workplace accident, but still improving from a medical standpoint at the time temporary total disability benefits expire, deemed to be at maximum medical improvement by operation of law, and therefore eligible to asserted claim for permanent total disability benefits?” Oral argument took place on June 5, 2014, and we await the decision.
2) Castellanos v. Next Door Company, Inc., Case No. SC13-2082. This case involved an appeal of a final order that awarded a guideline fee to the claimant under F.S. §440.34 rather than a reasonable fee. The JCC, despite explicitly finding the 107.2 hours were reasonably required to establish benefit entitlement, was constrained to award a guideline fee of $164.54. This amounted to an hourly rate of $1.54. In a decision issued on October 23, 2013, the First District Court of Appeal acknowledged that a fee in the amount of $164.54 for 107.2 hours of legal work was inadequate. Nevertheless, it declined to revisit the constitutional issue previously resolved by earlier decisions and affirmed the JCC’s order. However, the court certified a question of great public importance: “Whether the award of attorneys’ fees in this case is adequate, and consistent with the access to courts, due process, equal protection, and other requirements of the Florida and Federal Constitutions?” The court accepted jurisdiction, and oral argument was held November 5, 2014. Immediately thereafter, the court lifted stays issued in cases three, four, and five below. Briefing has been completed and all four cases await a decision.
3) Pfeffer v. Labor Ready, Case No. SC14-1325. In the underlying order, three lawyers had a total of 258.10 hours. The E/C was ordered to pay $13,017.80, or $50.44 per hour. The lawyers also asked the JCC to approve a reasonable fee payable by the claimant pursuant to a fee contract, but the JCC refused.The section filed an amicus brief on December 12, 2014.
4) Richardson v. Aramark, Case No. SC14-738. In the underlying order, the claimant’s lawyer sought an hourly fee from the E/C, arguing that the JCC could vary from the guideline fee in exceptional circumstances under Makemson v. Martin County, 491 So. 2d 1109 (Fla. 1986). The case was briefed by retired First DCA Judge Richard Ervin, and he argued both Makemson and the “fundamental right to be rewarded for industry” under Fla. Const. art. I, §2. The reply brief was filed on January 20, 2015.
5) Diaz v. Palmetto General Hospital, Case No. SC14-1916. In the underlying, the claimant’s lawyer was awarded $13.79 per hour. In the appeal, the petitioner addressed a variety of constitutional theories. The reply brief filed February 10, 2015.
Since oral arguments were heard by the Florida Supreme Court in Castellanos, the First DCA has certified the same question to the Supreme Court in 10 other cases, all of which remain stayed pending the decision in Castellanos.
6) Martha Miles v. City of Edgewater Police Department et al., DCA Case No: 1DCA-15-0165. This case presents a First Amendment challenge to §440.34. The claimant was a police officer injured by exposure to toxic chemicals in a meth lab investigation. After her claim was denied, she asked the JCC for approval to pay her attorney an hourly fee to represent her, which was outside the guideline fee of §440.34. Also, her union agreed to pay $1,500 to assist in the representation. The unrefuted testimony was that no attorney would take her case on a strict guideline fee, which amounts to slightly over 10 percent. The JCC denied her request, and that of her union, and she was forced to try her case pro se. Predictably, she lost. The First DCA heard oral arguments on January 21, and a decision is expected shortly.
• The 2016 Legislative Session — The 2015 legislative session was relatively quiet as conventional wisdom suggests that the numerous special interest groups will await the outcome of the above cases before embarking on any further legislative reform. Section Lobbyist Fausto Gomez and Legislative Committee Chairs Rick Thompson and Richard Chait kept the section appraised of developments that occurred during session, and section leadership was prepared to be in Tallahassee, if needed, to offer guidance.
One of the few pieces of workers’ compensation legislation concerned H.B. 613, which was signed by Gov. Scott, and will become law October 1. One of the changes is to §440.13(9)c) dealing with expert medical advisors (EMA). This bill added the following language:
The injured employee and the employer/carrier may agree on the healthcare provider to serve as an expert medical advisor. If the parties do not agree, the judge of compensation claims shall select an expert medical advisor from the department’s list of certified expert medical advisors. If a certified medical advisor within the relevant medical specialty is unavailable, the judge of compensation claims shall appoint any otherwise qualified healthcare provider to serve as an expert medical advisor without obtaining the department’s certification.
It is fair to say that some judges and many practitioners are not fans of the EMA process. The statute requires (the judge “shall…order”) an EMA when there is a disagreement between two medical providers. The division set about building the EMA list, and physicians were recruited. The EMA list has really never adequately filled the needs in all specialties and all geographic areas. As of this writing, for the 67 Florida counties, there are only 150 EMA doctors.
The new legislation adds the right to stipulate to an EMA by the parties. As recently noted by Florida Deputy Chief Judge David Langham in his blog, the potential problems arise if the parties do not agree, in which case, “the judge of compensation claims shall select an expert medical advisor from the department’s list.” Convenience or practicality is not a consideration. In fact, there will apparently be no consideration, as the legislature has apparently created a mandatory process. If a disagreement exists, then the judge “shall” appoint an EMA — end of story. If there is a provider on the list, the judge “shall select” from the list. If there is a disagreement in Pensacola, and the list contains a provider in Key West, the fact that it is an 800-mile drive or at least four-hour flight (unless you have to go through Atlanta or Charlotte or Dallas) apparently now lacks any relevance. The statute says the judge “shall select” from the list.
Unfortunately, the EMA process adds inordinate cost and delay to the system. Every time an EMA is appointed, the charge is up to $2,400. Plus, it takes about two months to get an EMA report, and the trial process can be pushed back another month if the EMA needs to be deposed. During this time, the claimant goes without benefits. Also, the EMA in some cases can be the least-qualified of all the doctors who give opinions, yet those opinions are still accorded a presumption of correctness. Lastly, the nature of workers’ compensation is that there is a conflict in every litigated case, but the judge is duty-bound to appoint an EMA with any conflict. This usurps power from the judges, as it takes away their ability to weigh the medical evidence and issue a decision. The EMA law needs to be revisited in future sessions and should become optional at the JCC’s discretion.
• CLE — The section held its annual winter conference in Beaver Creek in February. The 2015 Workers’ Compensation Forum will be held April 7- 8 at the Omni Orlando Resort at Champions Gate in Orlando. The forum is the preeminent educational opportunity for attorneys, adjusters, claims professionals, and other stakeholders to the Florida workers’ compensation system. Chair Leo Garcia, along with numerous other individuals on the steering committee and faculty, assure this program will be a success. Section CLE Chair Dawn Traverso has arranged a wide selection of educational programs throughout the year, including regular, internet-based Learn at Lunch programs.
• News and 440 Report — The section’s publication, the News and 440 Report, continues to be a tremendous source of information, commentary, analysis, and insight for section members. The section is grateful to member Jeff Appel for his service and dedication as the current editor.
• Frierson–Colling Professionalism Award —At the 2015 forum in April, the executive council awarded Richard Chait of Miami the Frierson-Colling Professionalism Award for demonstrating outstanding leadership and professionalism. Given Richard’s long career of outstanding advocacy, service, and leadership on the executive council, and devotion to the promotion of education and ethical conduct in the practice, it is difficult to imagine a more well-deserving recipient for this award.
• Interaction with the First DCA — The executive council again had the honor of hosting the First DCA for oral arguments at the University of Miami School of Law in January. The arguments presented law students an opportunity to glimpse the practice of workers’ compensation and to interact with council members and judges in an informal setting after the arguments concluded.
• Emergency Conferences on Reciprocity and Daubert — On December 3, 2015, the executive council held a duly scheduled emergency meeting on the issue of Daubert. The Board of Governors (BOG) was accepting comments for review before its vote with respect to making a recommendation as to whether the Florida Supreme Court should adopt Daubert, as codified in Ch. 2013-107 and §90.702. The executive council had 100 percent participation at the meeting and voted unanimously to oppose the adoption of Daubert.
A similar call to arms was conducted by the executive council on the issue of reciprocity. Once again, we held a duly scheduled emergency meeting which met with 100 percent participation. The executive council voted 28 to two against the measure of reciprocity. Following this, as section chair, I attended the fall 2015 meeting of The Florida Bar in Tampa, which included an Open Forum on Vision 2016 and Admission by Motion/Reciprocity. We presented our position that our section voted to oppose the measure of reciprocity.
Gratitude is extended to all executive council members for volunteering their valuable time, effort, and expertise, including a special thanks to our officers. Past Chairs Chris Smith and Bill Rogner have been of tremendous support, and Chair-Elect Alan Kalinoski will move the section forward seamlessly. Secretary Joanne Prescott maintained the minutes of all meetings in excellent fashion, thus, assisting the council in maintaining continuity. Richard Manno continues to assist the section in keeping the section website current and user-friendly, and by giving us a presence on Facebook to promote the section, its many events, and educational opportunities. Willie Mae Shepherd has done another superb job as our section administrator. The members of the Workers’ Compensation Section and the section’s executive council continue their promotion of education, professionalism, and the independence of the workers’ compensation adjudicatory process. We look forward to an exciting remainder of 2016 and meeting our goals of increasing section membership and our financial health by adding new sponsors. We remain on track to preserve a stable, balanced, and efficient Florida workers’ compensation law accessible to all system stakeholders.
Michael J. Winer, Chair
Young Lawyers Division
This year, the theme of The Florida Bar Young Lawyers Division (YLD) was to “think different.” With an ever-changing legal marketplace and over 26,000 young lawyers in Florida, the YLD was innovative and creative in its attempt to help Florida’s young lawyers thrive and successfully transition into the practice of law.
The YLD kicked off the year with its Get Plugged In social media campaign. Under the guidance of Communications Chairs John Miller and Santo DiGangi, more than 2,000 new users liked, joined, or followed the YLD on social media. The Communications Committee also spearheaded a new education and engagement campaign called #myfloridabar. The purpose of the #myfloridabar campaign is to educate young lawyers on the most pressing issues affecting the legal profession and our Bar and encourage young lawyers to get engaged. The centerpiece of the campaign is a new blog on the YLD’s website, www.flayld.org.
At the YLD’s July board of governors meeting, Special Projects Chairs Andrew Pickett and Cherine Valbrun led a discussion on the certified legal intern process. Currently, law students must be cleared by The Florida Board of Bar Examiners before serving as a certified legal intern — a process that takes anywhere from three to nine-plus months. The YLD voted unanimously to propose a rule amendment that would significantly expedite the process.
With the assistance of former YLD Presidents Renée Thompson and John Stewart, the YLD submitted a proposal to the Florida Bar Board of Governors to revamp The Florida Bar’s Lawyer Referral Service. The YLD believes that a cutting-edge online platform will help young lawyers get work, while at the same time closing the access to legal services gap.
In conjunction with the ABA’s Celebrate Pro Bono Week, the YLD launched its Guardian Advocacy Pro Bono Project. Led by Pro Bono Chairs Web Melton and Stephanie Myron, the statewide project partnered attorneys with low-income families in need of a guardian to help them obtain a judgment authorizing them to act on behalf of a disabled child who has reached legal adulthood.
Under the direction of Christian George and Margaret Good, the YLD’s annual Affiliate Outreach Conference welcomed over 250 young lawyer and law school leaders from throughout the state. At the conference, the YLD hosted its first general assembly, which featured Dan Lear, a legal industry gadfly. It was a huge success. Additionally, the YLD increased grant funding for its affiliates through the work of its Awards Committee, chaired by Ashley Sybesma and Schuyler Smith, and the YLD’s Local Bar Affiliates Committee, chaired by Karen Persis and Celia Thacker. In total, the YLD gave out approximately $50,000 in grants to young lawyer affiliates who presented at the Affiliate Outreach Conference and more than $30,000 to affiliates for community outreach, morning/afternoon at the courthouse, and professional roundtable grants.
Legislative Affairs Chairs Nikki Fried and John Dicks and their committee led the YLD’s advocacy of its priority legislation, titled: For the Greater Good Attorney Student Loan Repayment Program. In essence, the bill would provide student loan repayment assistance for government lawyers, state attorneys, and public defenders between years four through 10. Unfortunately, the bill did not pass; but there is always next year! The Legislative Affairs Committee also worked diligently to raise awareness of the upcoming Constitutional Revision Commission.
The YLD’s law school mentoring program continues to grow to new heights. Thanks to Law Schools Chairs Alex Palermo and Michael Sasso, and Law Student Division President Iesha Nunes, 358 attorneys and 530 students participated in the program this year. Other programs included town halls with Bar leadership and the annual Raising the Bar project, which has become the marquee community service day for the Law Student Division. In addition, Professionalism Chairs Jeremy Korch and Ryan LeBlanc oversaw a panel discussion called The Winning Edge at each law school in Florida during the fall semester.
Led by Chrystal Martin and G.C. Murray, the YLD’s Diversity Committee hosted its first ever Pipeline Initiative Diversity Symposium at FIU College of Law. Participants included high-school students, undergraduate students, law school students, and lawyers from throughout Florida. The symposium not only highlighted the YLD’s efforts to increase diversity in the legal profession, but also shared and spread the YLD’s vision of a pipelined process of motivating and encouraging individuals, from the youngest to the most senior age, of the importance of embracing and utilizing their own diversities to contribute to the legal profession.
During the year, the YLD worked to enhance the educational opportunities for young lawyers. The YLD’s Practicing with Professionalism Committee, chaired by Eric Elms and Laura Bach, hosted over 20 PWPs and continues to work to transition PWP online (the YLD hopes to roll out the online version in fall 2016). The CLE Committee, chaired by Robert Batsel, Jr., and Travis Santos, programmed seven CLEs on a myriad of topics including business law, evidence, personal injury, and family law. The YLD continues its efforts to increase education and involvement of law students through the annual Robert Orseck Moot Court competition, thanks to the hard work of Moot Court Chairs Andrew Manko and Jason Lambert. Under the direction of Brian Karpf and Ethan Wall, the YLD’s free monthly technology webinars provide Florida’s newest lawyers with education to compete in the new legal marketplace. The webinars are free, open to all members of the Bar, and offer CLE credit.
One of the goals of the YLD this year was to show young lawyers how to start their own law firm. In order to help accomplish this goal, Transition to Practice Chairs Zackary Zuroweste and Paige Gillman and their committee developed a website to provide instructions for each phase of the process: www.startmyfloridalawfirm.com. From creating a business entity, to tax issues, to deciding whether to go virtual or rent office space, the site helps young lawyers launch and manage their own law firm. The Transition to Practice Committee also developed how-to videos designed to educate new lawyers on how to handle basic family law, probate, landlord-tenant, and criminal law cases from start to finish.
During the month of March, the YLD challenged every lawyer in Florida to #TakeAnHour to promote lawyer mentoring. The campaign challenged all lawyers in the state to find and reach out to a potential mentor or mentee and to meet with them for one hour. It is the YLD’s hope that by accepting this challenge, mentoring relationships will begin to grow.
The YLD’s newly formed Commission on Women Committee, led by Valerie Barnhart and Jacqueline Simms-Petredis, surveyed Florida’s young female lawyers this fall. The women who completed the survey provided 90 pages of anecdotes about bias and poor treatment. Among the findings: 43 percent said they had experienced gender bias in their careers; 40 percent said they had experienced insensitivity by their employer or supervisor; 37 percent said they had experienced lack of recognition of work-life balance; 17 percent said they had experienced harassment; and 21 percent said they believed they were not being paid the same as their male counterparts. To help address the issues raised in the survey results, the YLD is hosting a series of programs, including the Balancing in Heels: Self, Family and the Practice of Law written interview series, webinars, and this year’s presidential showcase at The Florida Bar Annual Convention titled, Engage: Advancing Women is a Cause for All Lawyers.
The YLD designated May as Health and Wellness Month. Under the direction of Quality of Life Chairs Ben Gibson and Jill Bell, the YLD issued daily wellness challenges on social media, provide tips/video clips/relevant articles to young lawyers, and hosted a series of webinars focused on mindfulness. The YLD will also provided grants to local young lawyer affiliate organizations for programs or events that promote, highlight, or relate to health and wellness.
Finally, all of the foregoing successes were highlighted to the YLD’s constituents by Newsletter Chairs Kristina Feher and Annika Ashton who published monthly e-newsletters that bolstered interest in the YLD and attendance at YLD events and programs; Website Chairs Bert Wohn and Eric Everson who overhauled and streamlined the YLD’s website to make it more relevant and user-friendly; and Social Media Chairs Schuyler Smith and Estefania Nasielski who promoted YLD events and programs on Facebook, LinkedIn, Instagram, and Twitter; and special thanks to Danny Aller, The Florida Bar’s public information coordinator for social media, for helping to take the YLD’s social media to new heights this year.
As my journey as president of the YLD comes to an end, I sit back in amazement of all of the extraordinary accomplishments of the YLD board of governors over the course of this past year. Their dedication and service to The Florida Bar and the legal profession are beyond compare, and I sincerely thank them for it. Yet, none of the YLD’s accomplishments would be possible without its program administrator, Tom Miller. Tom is truly the backbone of the YLD.
It has truly been my honor and privilege to serve as president of the YLD, and I look forward to all of the wonderful things in store for the YLD under the leadership of President-Elect Katherine Hurst Miller and President-Elect Designate Zackary Zuroweste.
Gordon J. Glover, President
